Skip to main navigation menu Skip to main content Skip to site footer

Articles

Vol. 32 No. 2 (2012)

Towards a liberal theory of punishment: Locke, property and individualism

DOI
https://doi.org/10.4067/S0718-090X2012000200005
Submitted
December 23, 2019
Published
2019-12-23

Abstract

By offering a critical analysis of Nicolás Maloberti’s recent theory and justification of punishment, this article accounts for a series of principles and considerations that any liberal and Lockean theory of punishment must take seriously. Indeed, this article contends that Locke’s conception of the state –an institution grounded on the right to punish violators of natural rights– and the basic character of the right to property within that scheme of rights,
are elements that should lead us to affirm that no genuine liberal theory of punishment can dispense with the political character of the right to punish.

Downloads

Download data is not yet available.